Vol. 443 No. 1
17 Mr. G. Mitchell asked the Minister for Equality and Law Reform when the improved legal arrangements for the management of the affairs of elderly people, especially those suffering from Alzheimer's disease, will be introduced.
A Bill taking into account the recommendations of the Law Reform Commission on enduring powers of attorney is at an advanced stage of preparation in my Department. The Bill will be introduced as quickly as possible having regard to the other legislative proposals which are also in hand in accordance with commitments given in the Programme for a Partnership Government.
Will the Minister explain the term "enduring power of attorney"? I certainly welcome his proposal to introduce a Bill; that was the central objective of my question, but will the Minister agree that Alzheimer's disease is not a mental illness? Will he further agree that the question of how to treat people with that disease and those of advanced age needs to be addressed urgently? When does he intend to introduce this legislation and how long does he think it will be before it becomes law?
I am not qualified to say whether Alzheimer's disease is a mental illness. I would have thought it was. An ordinary power of attorney is revoked if the person who granted it subsequently suffers a mental incapacity, gets married or goes bankrupt. That can have serious implications for the administration of the affairs of that person as the attorney would no longer be in a position to see to them. At present there is no provision in law under which a power of attorney could be given that would continue in force in the event of the mental incapacity of the person who granted it. It would require legislation to achieve that and it is being worked on in my Department. It seems straightforward, there is a basic simplicity to it in one sense, but caution is necessary because an enduring power of attorney could be open to the exploitation of the interests of the person who suffered the mental incapacity or, perhaps, an elderly person who is no longer capable of managing his or her own affairs. The position of the attorney, the person who is given the power, is very powerful. That person would have access to all the property and assets of the grantor, the person who granted the power. The attorney could take into his own hands all the assets and property of that person. Care must be taken, therefore, to include safeguards in the system when it is set up which can be done by a registration system or other checking procedure. It is a matter that requires some degree of care. The object of this exercise, the authorisation of that kind of instrument, has my full support. I am not in a position to say exactly when it will be introduced in the House, but I intend to do so as quickly as possible.
People involved with Alzheimer's sufferers would not wish to have it described as a mental illness. However, I know the Minister does not intend any slight. It is a physical illness which affects the brain. There is a distinction. In any event, I intend to raise this with the Minister for Health as neither the Minister nor I are medically qualified.
Will the Minister consider introducing this legislation in the current session? Is it likely that the Bill will pass before the summer recess? Alternatively, will he introduce it before the summer recess so that it can be in committee during the recess?
I certainly did not intend any slur on people with Alzheimer's disease. As to whether it is regarded as a physical or mental condition, I am not qualified to say. However, it is clearly a case where an enduring power of attorney would be called into play. I had a meeting some time ago with the association at which representations were made to me for the introduction of legislation that would enable enduring powers of attorney to be entered into.
As to when the legislation will be introduced, I am always reluctant to give a commitment on specific timings for the introduction of legislation because, more often than not, these are matters outside my control. They depend on so many other people, including officials, the Attorney General and so on and on time availability.
